WVC 7-5-7
§7-5-7. Payment of legitimate uncontested invoices; interest on
late payments; "Prompt Pay Act of 1995."
(a) Any properly registered and qualified vendor who supplies
services or commodities to any county, or agency thereof, shall be
entitled to prompt payment upon presentation to that county or
agency of a legitimate uncontested invoice.

(b) (1) Except as provided in subdivision (2) of this
subsection, for purchases of services or commodities made on or
after the first day of July, one thousand nine hundred ninety-five,
a check shall be issued in payment thereof within sixty days after
a legitimate uncontested invoice is received by the county or
agency receiving the services or commodities. Any check issued
after such sixty days shall include interest at the current rate,
as determined by the state tax commissioner under the provisions of
section seventeen-a, article ten, chapter eleven of this code,
which interest shall be calculated from the sixty-first day after
the invoice was received by the county or agency until the date on
which the check is mailed to the vendor: Provided, That this
section shall not apply if payment cannot be made within the
sixty-day period because of unforeseen budgetary constraints.

(2) For purposes of this subsection, an invoice shall be
deemed to be received by a county, or agency thereof, on the date
on which the invoice is marked as received by the county or agency,
or the date of the postmark made by the United States postal
service as evidenced on the envelope in which the invoice is
mailed, whichever is earlier, unless the vendor can provide
sufficient evidence that the invoice was received by the county or agency on an earlier date: Provided, That in the event an invoice
is received by a county, or agency thereof, prior to the date on
which the commodities or services covered by the invoice are
delivered and accepted or fully performed and accepted, the invoice
shall be deemed to be received on the date on which the commodities
or services covered by the invoice were actually delivered and
accepted or fully performed and accepted.

(c) The sheriff shall deduct the amount of any interest due
for late payment of an invoice from any appropriate account of the
agency responsible for the late payment: Provided, That if two or
more agencies are responsible for the late payment, the sheriff
shall deduct the amount of interest due on a pro rata basis.

(d) The county or agency initially receiving a legitimate
uncontested invoice shall process the invoice for payment within
ten days from its receipt. Failure to comply with the requirements
of this subsection shall render the county or agency liable for
payment of the interest mandated by this section when there is a
failure to promptly pay a legitimate uncontested invoice:
Provided, That a county agency shall not be liable for payment of
interest owed by another county agency under this section.

(e) Any other county agency charged by law with processing a
county agency's requisition for payment of a legitimate uncontested
invoice shall either process the claim or reject it for good cause
within ten days after the agency receives it. Failure to comply
with the requirements of this subsection shall render the county
agency liable for payment of the interest mandated by this section
when there is a failure to promptly pay a legitimate uncontested invoice: Provided, That a county agency shall not be liable for
payment of interest owed by another county agency under this
section.

(f) For purposes of this section, the term "agency" means any
agency, department, board, office, bureau, commission, authority or
any other entity of county government.

(g) This section may be cited as the "Prompt Pay Act of 1995."

Note: WV Code updated with legislation passed through the 2014 1st Special Session
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